Amends TCA Title 12; Title 39; Title 40; Title 69, Chapter 9 and Title 70.
ON MARCH 14, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2868, AS AMENDED. AMENDMENT #1 rewrites this bill and revises the present law provisions governing the property used in violation of certain hunting law. Present law provides that any firearm, equipment, appliance or conveyance used in violation of the laws governing hunting, killing, and possessing deer, bear, wild elk, and wild turkey; possession of weapons in areas inhabited by big game; and the use of dogs to hunt deer, including any truck, automobile, boat, airplane, or other vehicle, other than a common carrier, and in which any deer or bear is located, or that is used in transporting such animals in violation of state law, is declared contraband property and confiscated and forfeited to the state upon seizure. This amendment rewrites the above provisions to instead provide that any firearm, other hunting device, or equipment used in violation of the above-referenced laws, may be seized and held for evidence by the agency. Under this amendment, "equipment" will not include a self-propelled vehicle or a vehicle propelled or drawn by a self-propelled vehicle, wherever operated, so such items will not be subject to seizure. Under present law, when a seizure results in an arrest and the person charged is found to be not guilty by a court of competent jurisdiction, such property must be returned by the trial court. When the verdict of not guilty is rendered by a court of general sessions, the executive director of the wildlife resources agency has the right to appeal to the circuit court of the county where such verdict was rendered for a hearing de novo solely on the question of the propriety of the seizure of any property so seized as contraband and make disposition accordingly. This amendment rewrites the above provision to remove the provision for appeal by the executive director.
ON MARCH 14, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2868, AS AMENDED. AMENDMENT #1 rewrites this bill and revises the present law provisions governing the property used in violation of certain hunting law. Present law provides that any firearm, equipment, appliance or conveyance used in violation of the laws governing hunting, killing, and possessing deer, bear, wild elk, and wild turkey; possession of weapons in areas inhabited by big game; and the use of dogs to hunt deer, including any truck, automobile, boat, airplane, or other vehicle, other than a common carrier, and in which any deer or bear is located, or that is used in transporting such animals in violation of state law, is declared contraband property and confiscated and forfeited to the state upon seizure. This amendment rewrites the above provisions to instead provide that any firearm, other hunting device, or equipment used in violation of the above-referenced laws, may be seized and held for evidence by the agency. Under this amendment, "equipment" will not include a self-propelled vehicle or a vehicle propelled or drawn by a self-propelled vehicle, wherever operated, so such items will not be subject to seizure. Under present law, when a seizure results in an arrest and the person charged is found to be not guilty by a court of competent jurisdiction, such property must be returned by the trial court. When the verdict of not guilty is rendered by a court of general sessions, the executive director of the wildlife resources agency has the right to appeal to the circuit court of the county where such verdict was rendered for a hearing de novo solely on the question of the propriety of the seizure of any property so seized as contraband and make disposition accordingly. This amendment rewrites the above provision to remove the provision for appeal by the executive director.
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